0001|                            HOUSE BILL 372
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           NICK L. SALAZAR
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO AGING; ENACTING THE LONG-TERM CARE SERVICES ACT;
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0012|     DEVELOPING AN INTEGRATED LONG-TERM CARE SERVICE DELIVERY
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0013|     SYSTEM; MAKING AN APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Long-term Care Services Act".
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0018|          Section 2.  DEFINITIONS.--As used in the Long-term Care
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0019|     Services Act:
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0020|               A.  "consumer" means a long-term care service
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0021|     recipient who has a physical or mental illness, injury or
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0022|     disability or who suffers from any cognitive impairment that
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0023|     restricts or limits the person's activities of daily living or
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0024|     instrumental activities of daily living and who is under the
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0025|     care of a provider;
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0001|               B.  "long-term care" means home- or community-based
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0002|     care provided to a consumer that is designed to maintain the
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0003|     consumer's independence and autonomy in the consumer's
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0004|     residence and includes support services such as personal,
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0005|     respite, attendant, residential or institutional care; case
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0006|     management; services such as meals, homemaker, home repair,
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0007|     transportation, companion, adult day health care, emergency
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0008|     response or day habilitation; physical, occupational or speech
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0009|     therapy; nursing; or help with chores;
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0010|               C.  "residence" means a consumer's home, an
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0011|     independent living center, an adult day health care facility,
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0012|     a community center, an assisted living facility, an adult
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0013|     residential care facility, a nursing home or a senior citizen
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0014|     center; and 
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0015|               D.  "service delivery system" means a unified
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0016|     statewide, comprehensive home- and community-based service
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0017|     delivery system that integrates and coordinates all health,
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0018|     medical and social services that meet the individual needs of
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0019|     consumers and support them in remaining in their own homes and
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0020|     communities.
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0021|          Section 3.  INTERAGENCY COMMITTEE CREATED--COORDINATED
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0022|     SERVICE DELIVERY SYSTEM--LEAD AGENCY--SERVICE DELIVERY
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0023|     SYSTEM.--
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0024|               A.  The "interagency committee on long-term care"
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0025|     is created.
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0001|               B.  Members of the interagency committee on long-
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0002|     term care shall be the heads of the following agencies or
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0003|     their designated representatives: 
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0004|                    (1)  the state agency on aging;
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0005|                    (2)  the human services department;
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0006|                    (3)  the department of health;
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0007|                    (4)  the children, youth and families
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0008|     department;
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0009|                    (5)  the labor department;
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0010|                    (6)  the governor's committee on concerns of
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0011|     the handicapped;
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0012|                    (7)  the developmental disabilities planning
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0013|     council; and             
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0014|                    (8)  the department of insurance.
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0015|               C.  The interagency committee on long-term care
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0016|     shall design and implement a coordinated service delivery
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0017|     system that fulfills the legislative mandate to develop a
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0018|     coordinated long-term care system and the executive's
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0019|     directive to include a long-term care component as part of the
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0020|     state managed care program.
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0021|               D.  The director of the state agency on aging shall
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0022|     be the chairperson of the interagency committee on long-term
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0023|     care.
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0024|          Section 4.  SERVICE DELIVERY SYSTEM--COMPONENTS--
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0025|     PRINCIPLES.--The service delivery system shall:
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0001|               A.  ensure the dignity and respect of consumers in
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0002|     the treatment and support provided;
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0003|               B.  tailor home- and community-based long-term care
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0004|     services and programs to provide full access and coordination
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0005|     to meet the individual needs of consumers;
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0006|               C.  develop and provide home- and community-based
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0007|     long-term care services and programs of the highest quality;
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0008|               D.  provide for consumer self-determination by
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0009|     providing options for individual choice and consumer input in
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0010|     home- and community-based long-term care;
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0011|               E.  provide consumers with the least restrictive
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0012|     housing options;
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0013|               F.  diversify institutional care options that
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0014|     explore and enhance appropriate alternatives to institutional
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0015|     care;
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0016|               G.  integrate various funding sources to provide
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0017|     quality, affordable services to the consumer; and
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0018|               H.  ensure that funding for long-term care services
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0019|     and programs will follow the consumer as he moves through the
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0020|     service delivery system.
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0021|          Section 5.  REPORT.--The state agency on aging shall
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0022|     present a report to the legislature on the progress of the
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0023|     interagency committee on long-term care and the status of the
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0024|     coordinated service delivery system.  The report shall include
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0025|     conclusions and recommendations to further the work of the
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0001|     interagency committee on long-term care and to complete the
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0002|     process of integrating the service delivery system in the
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0003|     state.
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0004|          Section 6.  APPROPRIATION.--Twenty-five thousand dollars
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0005|     ($25,000) is appropriated from the general fund to the state
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0006|     agency on aging for expenditure in fiscal year 1999 for the
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0007|     purpose of coordinating the work of the interagency committee
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0008|     on long-term care and preparing a report to be presented to
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0009|     the legislature and the governor.  Any unexpended or
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0010|     unencumbered balance remaining at the end of fiscal year 1999
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0011|     shall revert to the general fund.
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0012|                                  
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